1.INTRODUCTION

1.1 The ParknBuy SERVICES shopping platform is accessible on compatible electronic devices, or accessible through the website at https://www.parknbuy.online (the “Website”). The shopping platform, Website and any other Platform supplied by ParknBuy (collectively the “Platform”) is owned and operated by PARK AND BUY (Pty) Ltd trading as ParknBuy (“ParknBuy”, the “Service Provider”, “we”, “us” and “our”).

1.2 The platform enables users to order and purchase food, groceries, beverages, pharmaceuticals and other items (the “Items”) from any of the supermarkets, restaurants, pharmacies or other shopping outlets listed within the platform (each a “Retailer” and collectively “Retailers”).

1.3 These terms and conditions (“Terms and Conditions”, the “Agreement”) govern the ordering, sale, collection and pick-up point Items, and the use of the platform and WhatsApp Service (collectively “Service”).

1.4 These Terms and Conditions are binding and enforceable against every individual including without limitation any companies, organisations or other legal entities that accesses or uses the Service through their respective employees, agents or representatives (“you”, “your” or “User”), including without limitation each User who registers to the platform as described in clause 4 (“Registered User”). By using the Service, you acknowledge that:

1.4.1 You have to read, understood and agree to be bound by these Terms and Conditions and any future amendments and additions as published from time to time at https://www.parkandbuy.co.za/terms-conditions/ or through the platform.

1.4.2 You are of legal age in the jurisdiction in which you reside to form a binding agreement with the Service Provider; and

1.4.3 You have the authority to from this binding agreement personally and, if applicable, on behalf of any company, organisation or other legal entity you have named as the User during the User registration process and to bind that company, organisation or other legal entity to these Terms and Conditions.

2. You must not use the Service if you do not agree to be bound by these Terms and Conditions.

2.1 These Terms and Conditions apply to Users who are consumers for purposes of the Consumer Protection Act 2008 (the “CPA”).

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

2.2.1 may limit the risk or liability of the Service Provider or a third party; and/or

2.2.2 may create risk or liability for the User; and/or

2.2.3 may compel the User to indemnify the Service Provider or a third party; and/or

2.2.4 serve as an acknowledgement, by the User, of a fact.

2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask the Service Provider to explain it to you before you accept the Terms and Conditions by continuing to use the Service.

2.5 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or the Service Provider in terms of the CPA.

2.6 These Terms and Conditions are divided into three sections, namely ORDERS AND SALES, PRIVACY POLICY and GENERAL LEGAL TERMS.

3.ORDERS AND SALES

HOW IT WORKS

3.1 You may order Items via WhatsApp chat sending a text: HI to 071 865 2245 which will direct to our website or using Park&Buy App. At the time of ordering, you are required to provide your name, mobile numbers and address on the platform. You will then be provided with a selection of Retailers and will only be able to order Items from that selection of Retailers which fall within the prescribed area surrounding your given address. Said area is determined by the Service Provider from time to time.

3.2 We will indicate on order pages within the service which Retailer you can place order to buy from said area. You can only order Items from one Retailer at a time, in each order list that you place. You are able to order from multiple stores at once, however note that each store order will attract its own individual store service fee as it will be pick-up point by an entirely different shopper of the Service Provider, unless otherwise stated.

3.3 You can only place orders for Items from a Retailer which is open for business and active on the Service. You may only place orders for liquor products during the hours permitted by law. We may, in our sole discretion and at any time, suspend or terminate the availability of a Retailer on the Service.

3.4 The Service Provider uses a network of its Shoppers (employees) who provide shopping and pick-up services to our Users and Retailers. The said Shoppers are part-time employed by the Service Provider. For all home deliveries PARKNBUY uses a network of its third party contractors, who are independent contracted by PARKNBUY to provide delivery services to our users. It is up to each contractor to provide said delivery services and PARKNBUY won’t be held directly responsible for non-performance by contractor, except in the case of loss or damage incurred by the user.

3.5 You acknowledge notwithstanding that the Items list can be ordered via the service platform, that the Retailers operate independently of the Service Provider. The sale of Items is solely between the User and the relevant Retailer. Neither the Service Provider nor any Shopper or Delivery man attending to the pick-up point is a party to that sale of items. The Service Provider only provides the platform to facilitate order list, transactions and pick-up in relation to the items. The Service Provider is neither the buyer nor the seller of the item. At pick-up point, the User shall receive the purchase receipt together with the ordered Items. Any claims the User may have in respect of the Items shall be against the relevant Retailer.

3.6 The Service Provider does not assess the suitability, legality or ability of any Retailer. The Service Provider is not responsible for the Retailer’s food preparation or safety practices and does not verify their compliance with applicable laws or regulations. The Service Provider is not responsible and cannot be held liable for any acts by any Retailer, other than as stated within these Terms and Conditions.

3.7 Should you have a complaint regarding the Item itself, being food, goods, or otherwise, such complaint has to be directed to the relevant Retailer directly by following the said Retailer’s specified steps and procedure for resolution, whether through the returning of goods, claiming of warranties or otherwise. Should such complaint escalate into a dispute, although the Service Provider is entitled to become involved in an attempt to resolve it, the Service Provider is not obliged to do so and any disputes must be resolved between the User and the relevant Retailer.

4.REGISTRATION AND USE OF THE SERVICE

4.1 You expressly represent and warrant that your participation in using the Service is for your sole, personal or internal business use. When using the Service, you agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present while using the Service. You may only access the Service using authorised means.

4.2 Only Registered Users may order Items via the Service.

4.3 To register as a User via the Service, you must provide the Service Provider with your unique mobile number, Email, personal details and any other relevant information required. When registered as a User, we will direct you to ordering Items page.

4.4 To place an order via the platform, you will need to use your email address as username. You agree that an operator may contact you by phone call or instant messaging to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username whenever ordering Items via the platform, and to provide your correct username whenever ordering Items failing which your order will not be processed.

5.CONCLUSION OF SALE AND AVAILABILITY OF ITEMS

5.1 Any orders placed by Users may be accepted or rejected by the Retailer and/or the Service Provider. The placing of an order will happen and the payment is made by credit card or other payment method as defined in clause 8.3. Whether or not the Retailer and/or the Service Provider accepts an order depends on various factors, including but not limited to, the capacity for Shoppers, availability of Items, correctness of the information relating to the Items and approval authorisation of payment by the Service Provider for the Items.

5.2 The acceptance of your order, by the Service Provider and the Retailer, will be indicated by way of push notifications, text message or email (“Acceptance Notice”), and only at that point will the agreements of sale (the “Sale”) come into effect between you and:

5.2.1 the Service Provider in respect of the shopping and pick-up service; and

5.2.2 the Retailer in respect of the Items ordered.

5.3 Regardless of any earlier communication stating that your order or approval authorisation has been confirmed, the Service Provider will indicate the rejection of your order by cancelling it, notifying you thereof and, as soon as possible, refunding you for any amount already paid.

5.4 An order may be rejected or a Sale may be cancelled by the Service Provider at any time prior to the Items being, paid and dropped-off to your nominated pick-up point point due to:

5.4.1 the Shoppers not being readily available;

5.4.2 the Retailer being unable to fulfil the order; and/or

5.4.3 any other reason in the Service Provider’s sole discretion.

5.5 Should you wish to retract your order before your approval authorisation, you should contact the Service Provider (responsible Shopper) via phone call or WhatsApp immediately, and the Service Provider will use reasonable actions to effect such retraction. You will not be able to retract your order via the platform, or after your approval authorisation and order Successful Notice has been generated. You will not be able to change your order after placing it unless prompted to do so by the Service Provider (Shopper) in the case of a substitution or out-of-stock scenario, but may be able to retract it, subject to the provisions of this clause, and place a new one.

5.6 Placing or creating an order list on the platform without completing the order process by responding to the Shopper and giving your approval authorisation does not constitute an order for Items, and as such, Items may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. The Service Provider and/or the Retailer will not be held liable if such Items are no longer available or are no longer available at a particular price when you complete or attempt to complete the purchase at a later stage.

5.7 The Service Provider bears no liability for any inaccuracies in information relating to Items as the Service Provider relies on information supplied to it by you to shop on your behalf with the respective Retailers. You acknowledge that stock of all Items on offer may be limited. Although the Service Provider takes reasonable efforts to communicate with you the alternative items of unavailable Items, we cannot guarantee the availability of Items.

5.8 You also acknowledge that the pricing of Items may change at any time without notice to you, and may be subject to pricing error between the Service and the Retailer.

5.9 It may be found that Items are out of stock or Items are priced differently to that of the original order only once the Shopper reaches the Retailer and starts with the collections process. These scenarios are handled in one of the following ways:

5.9.1 Only 1 Item in order which is priced higher than in the original order: In this case the Shopper will send you an order review for approval within the platform or call you before said order is executed. You can either approve the order change which will require a new payment authorisation through the call or you can cancel the order item.

5.9.2 More than 1 Item in order with the total order priced higher than the original order: In this case the Shopper will send you an order review for approval within the Platform or call you before said order is executed. You can either approve the order change which will require a new payment authorisation through the call, or you can cancel the entire order items, or request the Shopper, via the Platform, to remove any higher priced Items from the original order list which will reduce your final bill accordingly.

5.9.3 More than 1 item in order with the total order priced lower than the original order: In this case no order review is sent and the Shopper executes the original order. Your final bill is reduced accordingly.

5.9.4 More than 1 item in order with some individual Items priced lower or higher but the total order price remains unchanged: In this case no order review is sent and the Shopper executes the original order since the original payment authorisation amount matches the final total order price.

5.9.5 Item or Items out of stock: The Shopper will do their best to find a suitable substitute Item or Items and will send you a new order for review within the Platform or call you before the order is executed. You can either approve the new order which will require a new payment authorisation through a call or you can cancel the order items.

5.10 Once the Shopper arrives at the Retailer, he/she generally collects all the Items within the order as quickly as possible to ensure that all Items are in stock and that all Items are prices as on shelves. This allows the Shopper to send only one order review. However, due to varying circumstances beyond his/her control, the Shopper may submit multiple order reviews.

5.11 The Service Provider cannot and does not guarantee that any food Items will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Items. It is your responsibility to establish from the relevant Retailer which ingredients will be used when preparing the food Items and, if you have any allergies or special requirements, make the necessary arrangements with such Retailer to exclude any ingredients. There is a text form in the profile section where notes can be added if there is no other suitable space in which to do so.

6.MINORS, ALCOHOL AND TOBACCO

6.1 By using the Service you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the Service only with the involvement, supervision and consent of your parent or legal guardian. If your parent or legal guardian gives his/her consent, then he/she agrees to be liable and responsible for you and all your obligations under these Terms and Conditions and agrees to be bound to these Terms and Conditions.

6.2 You may have the option to order alcohol or tobacco products in some locations and from certain Retailers. If you receive your delivery in South Africa, you agree that you will only order alcohol or tobacco products if you are 18 years of age or older. If you receive your delivery in another country, you agree that you will only order alcohol or tobacco products if you are of legal age to purchase alcohol or tobacco products in the relevant jurisdiction. You also agree that, upon delivery of alcohol or tobacco products, you will provide valid government-issued identification proving your age to the Shopper, the alcohol or tobacco products and that the recipient will not be intoxicated when receiving of such products.

6.3 If you order alcohol or tobacco products, you understand and acknowledge that neither the Service Provider nor the Shopper can accept your order of alcohol products, and the order will only be dropped-off if the Retailer accepts your order. South African Retailers may not sell alcohol or tobacco products to you if you are under the age of 18, regardless of any supervision by a parent or guardian.

6.4 The Shopper reserves the right to refuse a pick-up point if you are not 18 years of age or older, if you cannot provide a valid government-issued identification document (ID), if the name on your ID does not match the name on your order, or you are visibly intoxicated. If the Shopper is unable to complete the pick-up point of alcohol or tobacco products for one or more of these reasons, you are subject to a non-refundable store service fee.

7.CHARGES

7.1 Charges related to each order are reflected within the Service at the time you authorizing the order payment and include the following (collectively, the “order charges”):

• the total Items price by the relevant Retailer;
• the 10% compulsory tip on total items price to the max of R150.00
• top-up is declared as a gratitude tip to the SHOPPER (is optional not a must)
• R7 per Km for home deliveries

7.2 The Service provider may change the charges for our Service as we deem necessary or appropriate for our business.

7.3 Your minimum total order value must be at least R0.00 unless a higher minimum order value is indicated by a specific Retailer within the Service, in which case such higher value will apply.

7.4 Service Provider will provide you with the invoice for any fees charged by it in respect of the Service via whatsApp or email. The original store receipt will be handed to you at pick-up point point by the Shopper or Delivery man and will only reflect the total price of the purchased items.

8.PAYMENT

8.1 The currency used within the Service is South African RAND (ZAR).

8.2 The Service Provider will receive payment of all order charges and will pay the Item-related portion thereof to the relevant Retailer. Payment made by you to us for the full price of the Items will include your payment obligations to the Retailers.

8.3 Only payment request is the methods can be used to order payment:

Once the Shopper receive your payment approval, he or she will generate Park and Buy invoice for you and send payment link by SMS and email for payment request to you with an attached tax invoice. You can use card (debit and credit cards). Payment networks / methods include (1) card based mobile apps (MasterPass, SnapScan, Zapper, certain bank apps {such as the Nedbank Scan-to-Pay}), (2) manually entering card details. Watch this space for the upcoming launch of our Instant EFT solution!

Payment solutions are not owned by the Park and Buy or under its control. You acknowledge that the Park and Buy is not responsible in law while such payment gateway is however committed to uphold strict security standards. The Service Provider will at no stage store your credit card details. For more details about yapit, please visit their website: https://yapit.co.za/

8.4 In the case of payments using your credit card or debit card you warrant that you are fully authorised to use the applicable payment method for purposes of paying the order charges and that your credit card, debit card or linked bank card has sufficient available funds to cover all the order charges.

8.5 After you approve instore payment you further agree that you will pay the outstanding order charges in full within 24 hours failing which the Service Provider has the right suspend and/or terminate your access to the Service and/or effect legal action against you.

8.6 With regards to Item prices you understand that the Service Provider has no obligation to itemise its costs, profits or margins when stocking the items.

8.7 You are liable for all transaction vat on the items ordered.

8.8 Payments will be processed by the Service Provider, using the preferred payment method designated in your profile & account.

8.9 Charges paid by you for completed and dropped-off orders are final and non-refundable. The Service Provider has no obligation to provide refunds or credits, but may grant them, in each case in the Service Provider’s sole discretion.

8.10 The Service Provider, at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract.

9.DELIVERY OF ITEMS

9.1 When placing an order for Items within the Service you are required to indicate the collection method to which the Items are to be dropped (“pick-up point point”). You are not allowed to change the pick-up point after accepting your order and you will only be allowed to order Items from Retailers within the prescribed regional shopping Centre from your pick-up point. Such regional shopping Centre is determined by the Service Provider in its sole discretion. All pick-up point points must at the parking or door entrances within the premises of the shopping Centre, no pick-up point will be allowed outside the premises of the shopping Centre.

9.2 All home deliveries PARK&BUY uses a network of its third party contractors, who are independent contracted by PARK&BUY to provide delivery services to our users. It is up to each contractor to provide said delivery services and PARK&BUY won’t be held directly responsible for non-performance by contractor, except in the case of loss or damage incurred by the user.

9.3 Once you have received an Acceptance Notice, the Shopper and Delivery man will always make effort to pick-up point the Items to you by the estimated agreed arrangement time between you and the Shopper or Delivery man. However, pick-up point times are not guaranteed and may be adjusted by Shopper or Delivery man in our reasonable discretion. Events outside of the Shopper’s or Delivery man control such as traffic, inclement weather conditions, delays by the Retailers in relation to your order as well as the scenarios described in clause 5.9 may result in a delay of the pick-up point your order. The Shopper or Delivery man will continue with his/her efforts to pick-up point the Items to you as soon as possible in the circumstances.

9.3 The Shopper or Delivery man is only responsible for the pick-up point of the Items, together with the purchase receipt, to the Pick-up point which fulfils the Service Provider’s obligation to pick-up point your order. If the Shopper or Delivery man arrives at the Pick-up point and you fail meet with them or not responding to his/her telephone calls within 10 minutes, the Shopper or delivery man may leave the pick-up point, taking the Items with him/her, and you will remain liable for payment of all order charges. You may contact the Shopper or Delivery man to determine a pick-up point where you can meet the Shopper or Delivery man to collect your order. Alternatively, you shall be charged a re-store service fee for the Delivery man to return to the pick-up point.

9.4 If you are not able to be present at the pick-up point to receive your order, it is your responsibility to arrange for someone else to receive the order at such pick-up point and pay for the order on your behalf, if payment has not yet been made. Neither the Service Provider nor the Retailer is responsible for any loss of or unauthorised consumption of Items, after the Shopper or delivery has dropped the Items to the pick-up point.

10.ERRORS

10.1 We shall make all reasonable efforts to accurately reflect or inform you of the Item description, availability, purchase price and service charges via the platform, WhatsApp or phone call. However, should there be any errors of whatsoever nature on the Service, which are not due to our gross negligence, we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid.

10.2 Should a Shopper or Delivery man deliver an incorrect Item which is not part of your order and without you prior acceptance of an order review, the Service Provider will gladly rectify the error by whichever manner most suitable at its discretion. It is however your responsibility to check the Items included at pick-up point and to notify the Shopper or Delivery man of any errors prior to his/her departure from the pick-up point. You may also opt to exchange the item at you own convenience since the purchase receipt has been handed to you.

11.COMPLAINTS

11.1 We want you to be happy with your purchase and with our Service. Please let us know via a support ticket within the Service as soon as possible if there is a problem with the Service and/or Item quality and/or food temperature or if you receive Items which is not as described within the order list.

11.2 Where we determine in our sole discretion that the cause for the complaint was due to the fault of the Retailer, we will communicate your complaint to the relevant Retailer, and thereafter the matter will need to be resolved by the parties to the Sale of the Item(s), being you and the Retailer. The Service Provider shall bear no liability in relation to such complaint.

12.PRIVACY POLICY

12. Introduction

12.1 This Privacy Policy informs you of our policies regarding the collection, use, disclosure and protection of personal data as well as the choices you have associated with that data. The Privacy Policy applies to the Service and to any other applications, services or tools where this Privacy Policy is referenced.

12.2 We use your data to provide and improve the Service. By using the Service and/or registering for an account, you agree to the collection, storage, processing and disclosure of your personal information in accordance with this policy.

12.3 Should you terminate your registration to the Service, you consent to our retention of the information already collected from you for record-keeping purposes only.

12.4 Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Use.

13. Definitions

13.1 “Personal information” is information that can be associated with a specific person that could be used to identify that specific person, either from the data directly or from that data combined with other information that we have access to or are likely to have access to. Personal information does not include anonymous or aggregated information that can no longer be used to identify a specific person.

13.2 “Non-personal information” is not regarded as personal information for purposes of this Privacy Policy and includes but is not limited to the following:

13.2.1 Permanently de-identified information that cannot be traced back to and/or does not relate to you specifically. We may collect, use, share and otherwise process such information as we deem fit.

13.2.2 Non-personal statistical information collected and compiled and otherwise processed by us. We own and retain all rights in such information.

13.2.3 “Public information” is any information, including personal information, which you have provided voluntarily in an open, public environment or forum including but not limited to any blog, chat room, community, classifieds or social media, including personal information you publish within the Service. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this Privacy Policy as it is available to anyone on or off the Service and can be seen or accessed through online search engines, APIs, and offline media.

13.3 “Usage Data” is the information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device.

13.4 “Cookies” are files with small amounts of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device to collect and track information and to analyse and improve our Service.

14. Data Collection

14.1 We may collect several different types of information for various purposes to provide and improve our Service to you.

14.2 We may collect information you provide us:

14.2.1 When you register for an account we may require you to provide personal information which identifies you including but not limited to:

14.2.1.1 Name and surname;
14.2.1.2 Email address;
14.2.1.3 Physical addresses;
14.2.1.4 Telephone numbers;
14.2.1.5 Date of birth; and
14.2.1.6 Gender.

14.2.2 When we authenticate you or your account: We may collect and process information, as permitted by law, to verify the information that you provided to us.

14.2.3 When you interact with your account: Such as creating or updating your profile and adding Items to alerts lists. You may also voluntarily give us personal or business information such as your age, gender, interests, favourites or any other specific information. If you upload images to the Platform, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the Platform can download and extract any location data from images on the Platform.

14.2.4 When you transact on our Service: Such as when you post a comment or review. We may also collect your financial information and other transaction-based content if you place an order or are otherwise required to pay fees to us.

14.2.5 When you engage with our community: Such as when you participate in the review process, in community discussions or chats or when you submit a web form. When visitors leave comments on the Platform we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

14.2.6 When you contact us: Such as through a web form, email, chat or when we otherwise communicate with each other. We may also record our calls with you (if we have your consent to do so).

14.3 We may collect information automatically:

14.3.1 Information from the devices you use when interacting with us or our Service: Such as your browser type, browser version, unique device identifiers, ID for advertising, unique device token and other diagnostic data.

14.3.2 Device and connection information: Such as statistics on your page views, traffic to and from the Platform, referral URL, ad data, your device’s Internet Protocol (IP) address, your browsing history and your web log information.

14.3.3 When you access the Service by or through a mobile device: Such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

14.3.4 When you use the WhatsApp service for your first order: We may collect your mobile number to create a profile for you in order to ensure efficiency with future orders and to improve your user experience within the Service.

14.5 We collect information from other sources:

14.5.1 Information we get from third parties: Such as publicly available demographic information, publicly available contact information, as allowed by applicable national laws.

14.5.2 Information from social media sites: When you use those sites to register, share information or connect to your account. Those sites may automatically give us access to some personal information they hold about you (e.g., content you viewed, content you liked, and information about the advertisements you were shown or clicked on, etc.). If you give us access to any account with video content, we may share your video viewing with, or collect information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. You control the personal information we have access to through your privacy settings on the social media site and the permissions you give us when you grant us access. When you grant us access to information held by social media sites you agree that we may collect, use and retain it in accordance with this Privacy Policy.

15. Use and Retention of Data

15.1 We use your personal information to provide, improve and personalise our Service.

15.2 Your personal information allows us to:

15.2.1 Provide you with access to and use of our Service as well as access to your internal messages, activity history and other features we provide.
15.2.2 Allow you to participate in interactive features of our Service when you choose to do so.
15.2.3 Provide other services requested by you as described when we collect the information.
15.2.4 Provide you with personalised content.
15.2.5 Provide analysis or valuable information so that we can maintain, measure and improve our Service.
15.2.6 Detect, prevent and address technical issues.
15.2.7 To monitor the usage of the Service.

15.3 We may use your personal information to contact you via internal messaging, push notifications, email, telephone, text messages or postal mail:

15.3.1 To notify you about new features or Items within or changes to our Service.
15.3.2 To offer you discounts and special promotions and to let you know about our services.
15.3.3 To provide customer care and support for your account such as to troubleshoot problems.
15.3.4 To collect fees or monies owed to us.
15.3.5 To get your opinion through surveys.
15.3.6 For other reasons such as to enforce our Terms of Use or policies and any other agreement we may have with you.

15.4 We use your personal information to personalise the user experience, in order to:

15.4.1 Offer you Platform content including Items and services you may have preference towards
15.4.2 Personalise, measure and improve our advertising.
15.4.3 Deliver targeted marketing, Service updates and promotional offers.

15.5 We use your personal information for legal compliance reasons, in order to:

15.5.1 Enforce our Privacy Policy, our Terms of Use or other policies.
15.5.2 Prevent, detect, mitigate and investigate fraud, security breaches, potentially prohibited or illegal activities.

15.6 Retention of personal information:

15.6.1 If you register on the Platform, we also store your personal information provided in your user profile. All Users can see, edit, or delete their personal information at any time (except they cannot change their username unless their mobile number itself has changed). Website administrators can also see and edit that information.
15.6.2 While your account is active, we will keep your personal information as long as we need it for our operations. We may also keep personal information from closed accounts to enforce our Terms of Use, comply with national laws, stop fraud, assist with any investigation, collect fees owed, and take other actions under applicable national laws. We securely dispose of your personal information if we no longer need it.
15.6.3 If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

16. Disclosure Of Data

16.1 The Service Provider shall treat your personal information as strictly confidential and undertakes never to sell or make your personal information available to any third party other than as provided for in this Privacy Policy.

16.2 We will ensure that all of our employees, partners, advertisers, sponsors, Retailers and Third-Party Service Providers (including their employees and third party service providers) with access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to such information.

16.3 Advertisers and/or sponsors, and/or Retailers

16.3.1 We may disclose your personal information to advertisers, and/or sponsors and/or Retailer who may use it to:
16.3.1.1 Interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Items or services, new features, special offers or promotional Items offered by them, unless you have opted out from receiving marketing material from us.
16.3.1.2 Communicate directly with you in the event of you submitting a claim or complaint, which requires their involvement, regarding any order you have placed.

16.4 Third-party Service Providers and Financial Institution Partners

16.4.1 We may disclose your information to third-party service providers and financial institution partners, who may use it to:
16.4.1.1 Assist us in providing our Service, payment processing services and customised advertising.
16.4.1.2 Assist us with bill collection, affiliate and rewards programs and other business operations.
16.4.1.3 Assist us with the prevention, detection, mitigation and investigation of violations of our Terms of Use, potentially illegal acts, fraud and/or security breaches.
16.4.1.4 Assist us with checking visitor comments via automated spam detection.

16.5 Legal Requirements

16.5.1 We may disclose your Personal information to law enforcement, government agencies or authorised third-parties:

16.5.1.1 In response to a verified request regarding a criminal investigation, alleged or suspected illegal activity, or any other activity that may expose us, you or any of our Users to legal risk or in the good faith belief that disclosure is necessary for the assessment or collection of tax or duty, prevention or detection of crime or the capture or prosecution of offenders.
16.5.1.2 If we deem it necessary to disclose said information in connection with an investigation of fraud, fraudulent online payment, piracy, Intellectual Property infringement or other unlawful activity.
16.5.1.3 To enforce our Terms of Use, comply with our legal requirements, respond to claims that content violates the rights of others, or in the good faith belief that such action is needed to prevent imminent physical harm, harm to property, financial loss or to report suspected illegal activity.
16.5.2 We may disclose your Personal information to:
16.5.2.1 Credit bureaus or agencies as authorised by applicable national laws.
16.5.2.2 Third parties involved in a legal proceeding if they provide us with a subpoena, court order or similar legal document.

16.6 Change of Ownership

16.6.1 If the Service Provider were to merge with or be bought by another company, we may share information with said company in accordance with our global privacy standards. However, the new combined entity would comply with this Privacy Policy. You will receive prior notice of any changes to the processing of your personal information should your personal information be collected, used, retained or disclosed for any purposes not covered in this Privacy Policy.

17. Transfer Of Data

17.1 Your information, including personal information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
17.2 If you are located outside South Africa and choose to provide information to us, please note that we transfer the data, including personal information, to South Africa and process it there.
17.3 Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
17.4 The Service Provider will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

18. Security Of Data

18.1 The security of your data is of utmost importance to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we use commercially acceptable technical and administrative security measures to protect your personal information, we cannot guarantee its absolute security. 18.2 We shall promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information.
18.3 If you believe your account security has been compromised, please contact us at: help@PARK&BUY .co.za or over WhatsApp on +27 64 462 2693.

19. Access to personal information

19.1 You can see, review and change your personal information by signing in to your account. Please keep your personal information updated and accurate at all times.
19.2 You may not be able to change or remove a public posting. If you request us to and based on your account activity and as required under applicable national laws, we will close your account and remove your personal information from view as soon as reasonably possible.
19.3 We will honour your right to request access to, or modification or deletion of, your personal information. However, we may have the right to withhold that access or refuse to modify or delete your personal information under applicable national laws. In such case we will provide reasons.
19.4 To contact us about access and to find out if any fees apply, please contact us at: help@parknbuy.online or over WhatsApp on +27 64 462 2693.

20. What rights you have over your data

20.1 If you have an account within the Service, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

21. Choice of Communication channels

21.1 Although you cannot opt out of receiving communications relating directly to your orders within the Service, you can opt out of receiving various other types of communications from us, including but not limited to:

21.1.1 Sporadic alerts about exclusive discounts, special offers, sales and competitions.
21.1.2 Regular newsletters to inform you about offers, hot Items and other things that may be of interest to you based on your selected interests and previous purchases.
21.1.3 Service communications concerning activity on your account such as to notify you about a voucher you have received from us, or to remind you of unordered Items in your online basket or vouchers approaching expiry which you haven’t yet redeemed.

21.2 Registered Users can update their communication preference option in their profile. You can also opt out on a specific type of communication by following the unsubscribe link at the bottom of each email.

21.3 While we do our best to act on your preference changes as soon as possible, please take note that it may take up to 15 (fifteen) business days for preference changes to take effect.

22. Social Login

22.1 If available, you may use social login or regular sign in each time you login into your account with us:

22.1.1 If you sign into your social network account using the same email address previously used to register with us, you will access your existing account with us.
22.1.2 If you sign into your social network account using an email address that we don’t recognise, a new account will be created for you within our Service.
22.1.3 If you use regular sign in but your account does not have a password (because you registered through social login) you should follow the password reset process to assign a password.

22.2 When using social login, the “keep me signed in” policies of the social network provider apply. We do not control those policies and recommend the following for your safety:

22.2.1 When accessing our Service using a public or shared device, don’t usesocial login.
22.2.2 Learn about your social network provider’s sign in policies and your sign in options by visiting their site.

23. Links To Other Sites

23.1 Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. 23.2 We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

24. Embedded content from other websites

24.1 Pages on the Platform may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

24.2 These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

25. Children’s Privacy

25.1 By using the Service you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 (“Children”) or if you are not legally permitted to enter into a binding agreement, then you may use the Service only with the involvement, supervision and consent of your parent or legal guardian.

25.2 We do not knowingly collect personally identifiable information from anyone under the age of 18 without the involvement, supervision and consent of such User’s parent or legal guardian.

25.3 If you are a parent or legal guardian and you are aware that your Children has provided us with personal information, please contact us.

25.4 If we become aware that we have collected personal information from children without verification of parental consent, we take steps to gain said consent and/or remove that information from our servers.

26. Unwanted or Threatening Emails

26.1 The abuse of our Service is not tolerated. No User has permission to add other Users to their mailing list, call or send text messages for commercial purposes, unless the Users has given their explicit consent. It is against our Terms of Use to send unwanted or threatening emails and text messages.
26.2 To report such spam or spoof emails or text messages please contact us at: help@parknbuy.online or over WhatsApp on +27 64 462 2693.

27. Third-Party Service Providers

27.1 We may employ third party companies and individuals to facilitate our Service (“Third-Party Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.
27.2 These Third-Party Service Providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
27.3 Analytics: We may use Third-Party Service Providers to monitor and analyse the use of our Service:

27.3.1 Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
27.3.2 For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

27.4 Marketing: We may use Third-Party Service Providers for targeted marketing of our Service:

27.4.1 Facebook Custom Audiences is an online marketing service used to deliver advertisements to Platform visitors on Facebook based on their email addresses. Information associated with a User’s social media accounts, such as demographic and other information about an individual’s title, industry or organisation, may also be used to improve marking efforts if that individual connects those social media accounts to his/her profile.
27.4.2 For more information about Facebook Custom Audiences please visit the Facebook help page: https://www.facebook.com/help/381385302004628/

28. Disclaimer

28.1 Although we shall do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept liability for any damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

28.2 The Service Provider shall not be liable for any damage, loss or expense, howsoever arising, suffered by you as a result of your disclosure of your personal information to a third party, such as an entity which operates a website or application linked to the Service or anyone other than the Service Provider since the Service Provider does not regulate or control how that third party uses your personal information. Always ensure to read the privacy policy of any third party.
General Legal Terms

29. Changes to these Terms and Conditions

29.1 The Service Provider may, in its sole discretion, change any of these Terms and Conditions at any time by publishing a revised version at https://parknbuy.online/web-terms/ or through the Platform. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must stop using in any way the Service.

29.2 We will provide Users with at least 60 (sixty) days’ prior notice of any such revision by publishing a notice of the change within the Platform and the revision will then apply to Users with effect from the date indicated in said notice.

29.3 Any such change will only apply to your use of the Service after the change is displayed in these Terms and Conditions. If you continue to use the Service after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.

30. Electronic communications

30.1 When you use the Service, or send emails to us, you consent to receiving electronic communications from us or any of our divisions, affiliates or partners in accordance with our Privacy Policy as set out above.

31. Ownership and Intellectual Property

31.1 The contents of the Platform, including any material, information, data, platform, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade marks, designs and service marks which are displayed on or incorporated in the Platform (“Platform Content”) are protected by law, including but not limited to copyright and trade mark law. The Platform Content is the property of- and all rights, title and interest including all related intellectual property rights vests in the Service Provider, its advertisers and/or sponsors, and/or Retailers (“collectively “Third Parties”) and/or is licensed to the Service Provider.

31.2 Trade Marks

31.2.1 The Service Provider’s name, “PARK&BUY SERVICES”, and the Service Provider’s logo, including the “face with helmet”, are registered trade marks with all rights, title and interest in and to said trade marks vested in the Service Provider and no right or license is granted to use them.
31.2.2 The Item names and logos and associated brand names and brand logos, some of which are trademarked belong to the respective Retailers and/or suppliers and/or manufacturers with all rights, title and interest in and to said trade marks vested in the respective Retailers and/or suppliers and/or manufacturers and no right or license is granted to use them.
31.2.3 The Service Provider acknowledges that all rights, title and interest in and to the Item names and logos and associated brand names and brand logos vests in the respective Retailers and/or suppliers and/or manufacturers. The Service Provider makes no claim in and to the intellectual property, goodwill or reputation of the respective Retailers and/or suppliers and/or manufacturers by displaying their trademark with the Service or Marketing efforts. These trademarks are displayed for the sole purpose of indicating, to the User, the exact Item available to order from the Retailer, via the Service.

31.3 These Terms and Conditions are not a sale and you will not acquire any right, title or interest in or to the Platform or the Platform Content or any intellectual property rights owned by the Service Provider or Third Parties.
31.4 Any use, distribution or reproduction of the Platform Content is strictly prohibited unless expressly authorised by an authorised PARK&BUY SERVICES representative or otherwise provided for in law. To obtain permissions for the commercial use of any Platform Content, e-mail info@parknbuy.online
31.5 You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or the Platform Content.
31.6 Where any of the Platform Content has been licensed to the Service Provider or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions which are notified to you as being applicable.

32. Disclaimer

32.1 The use of the Service is entirely at your own risk and you expressly understand and agree to the fullest extent of the law that you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the Platform or communicated via the WhatsApp Service.
32.2 Changes are periodically made to the Service and may be made at any time without notice to you. The Service is provided to you on an “as is” basis without any representations or warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement.
32.3 Whilst the Service Provider takes reasonable measures to ensure that the content of the Platform or as communicated via the WhatsApp Service is accurate and complete, the Service Provider makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Service, or as to the accuracy, completeness, reliability or timeliness of any information and Platform Content made available through the Platform or communicated via the WhatsApp Service. If any such representations or warranties are made by the Service Provider’s representatives, the Service Provider shall not be bound thereby.
32.4 In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Service Provider also makes no warranty or representation, whether express or implied, that the Platform will operate error-free or that the information or files available on the Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code (collectively “Viruses”) which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, any handset or mobile device, or your hardware or platform in any way. You accept all risk associated with the existence of such Viruses, save where such risks arise due to the gross negligence or wilful misconduct of the Service Provider, its employees, agents or authorised representatives. The Service Provider thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Platform.
32.5 The Service Provider disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Service and/or any content therein, unless otherwise provided by law.
32.6 Any views or statements made or expressed on the Service are not necessarily the views of the Service Provider, its directors, employees and/or agents.

33. Third-Party Websites, Applications and Advertisements

33.1 The Platform may contain links or references to other websites (“Third-Party Websites”), applications (“Third-Party Apps”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Platform”). When you click on a link to Third-Party Platform, the Service Provider will not warn you that you have left the Platform and will not warn you that you are subject to the terms and conditions and privacy policies of another website, application or destination.
33.2 Third-Party Platform is outside of our control. These Terms and Conditions do not apply to any Third-Party Platform and the Service Provider is not responsible for the practices and/or privacy policies of any Third-Party Platform or the “cookies” that may be used therein.
33.3 The Service Provider refer to or provide links to Third-Party Platform only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Platform or their products or services. You use such Third-Party Platform is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Platform or your reliance on any information contained thereon.
33.4 It is always advisable to review applicable terms and policies, including privacy and data gathering practices of any third-party websites or third-party applications, and conduct whatever investigation you deem necessary or appropriate before proceeding with any transaction with any third-party.

34. App Stores

34.1 You acknowledge and agree that the availability of the App is dependent on the third-party from which you received the App license, e.g., the Apple iPhone or Google Play app stores (collectively “App Store”). You acknowledge that this Agreement is between you and the Service Provider and not with the App Store.
34.2 The Service Provider, not the App Store, is solely responsible for the Platform, the content thereof, maintenance, support services and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
34.3 In order to use the Platform, you must have access to the internet, and you agree to pay all fees associated with such access. You also agree to pay all fees, if any, charged by the App Store in connection with the Platform. You agree when using the Platform to comply with and acknowledge that your license to use the Platform is conditioned upon your compliance with all applicable third-party terms of agreement including but not limited to the App Store’s terms and policies. You acknowledge that the App Store and its subsidiaries are intended third-party beneficiaries of and have the right to enforce the Agreement.
34.4 It is your responsibility to ensure you download the correct Platform for your device. The Service Provider is not liable if you do not have a compatible device or if you have downloaded an incorrect version of the Platform for your device. The Service Provider reserves the right to terminate your use of the Services should you be using the Platform with an incompatible or unauthorised device.

35. Limitation of liability

35.1 The Service Provider cannot be held liable for any inaccurate information published on the Platform or communicated via the WhatsApp Service and/or any incorrect prices displayed on the Platform or communicated via the WhatsApp Service, save where such liability arises from the gross negligence or wilful misconduct of the Service Provider, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@PARK&BUY .co.za or by phone at +27 64 462 2693.
35.2 The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Service Provider’s Privacy Policy or as otherwise required by applicable law, the Service Provider is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.
35.3 To the fullest extent of law the Service Provider shall not be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential or any other loss of damages of any type or kind including but not limited to personal injury, loss of data, revenue, profits, use or other economic advantage which may be incurred by you arising from your use of, inability to use, or reliance upon, or in any way connected to, the Service or the completeness, accuracy or existence of any information published on the Platform or communicated via the WhatsApp Service or unlawful activity on the Service or as a result of any relationship or transaction between you and any Third-Party Platform, Retailer, Shopper, advertiser or sponsor whose advertising appears or is referred within the Platform even if the Service Provider and/or its advertisers and/or sponsors, and/or Retailers have been previously advised of the possibility of such damage.
35.4 Should it be found that the Service Provider is liable to you, to the fullest extent of the law the Service Provider’s aggregate liability shall not exceed the greater of:

35.4.1 Amounts paid by and/or due from you to the Service Provider in the 6 (six) month period immediately preceding the event giving rise to such claim; and
35.4.2 The remedy or penalty imposed by the statute under which such claim arises.
35.5 The limitation of liability described in clause 37.4.1 shall not apply to liability of the Service Provider for death or personal injury caused by the Service Provider’s negligence or wilful misconduct or for any injury caused by the Service Provider’s fraud or fraudulent misrepresentation.
35.6 You hereby indemnify the Service Provider against any loss, claim or damage which may be suffered by yourself or any third-party arising in any way from your use of the Service or any Third-Party Platform.
35.7 You should not divulge your password to anyone. We will never ask you for your password in a telephone call, text message, instant message or e-mail. You are responsible for maintaining the secrecy of your unique password and account information at all times.

36. Availability and termination

36.1 The Service Provider shall use reasonable endeavours to maintain the availability of the Service, except during scheduled maintenance periods. However, we are entitled at any time to discontinue the availability of the Service, or any part thereof with or without notice to you.
36.2 The Service Provider may in its sole discretion terminate, suspend and/or modify the Platform and/or WhatsApp Service, with or without notice to you. You agree that the Service Provider will not be liable to you in the event that it chooses to suspend, modify or terminate the Service, other than for processing any of your unprocessed orders prior to such time, to the extent possible.
36.3 The Service Provider may in its sole discretions, with or without notice to you, suspend and/or terminate your access to the Service, without any prejudice to any claims for damages or otherwise that we may have against you and without any liability which may arise as a result of such suspension and/or termination, other than to refund monies already paid by you, should you fail to comply with your obligations under these Terms and Conditions, including but not limited to:

36.3.1 any incident involving payment of the price of an order for any Item(s);
36.3.2 any incident involving any abuse of the Service and/or reselling of either the Platform or Service or any Items to a third party;
36.3.3 any incident involving the manual or automatic scraping, coping, monitoring or systematically retrieval of any portion of the Platform or any content within the Platform; 36.3.4 any incident involving User impersonation and/or when your user profile does contain your own personal information;
36.3.5 any incident involving the use of the Service for sending or storing any unlawful material or for deceptive, fraudulent or malicious purposes;
36.3.6 any incident involving the ordering of alcohol or tobacco products by under aged Users, under the age of 18 years in South Africa;

36.4 The Service Provider is entitled, for purposes of preventing suspected fraud and/or where it suspects Service abuse or that you have created multiple User profiles to take advantage of a promotion or Coupon intended by the Service Provider to be used once-off by you, to blacklist you on its database including suspending or terminating your access to the Service, refuse to accept or process payment on any order, and/or to cancel any order concluded between you and the Service Provider in whole or in part, on notice to you. The Service Provider accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order, other than to refund monies already paid by you.
36.5 You can choose to stop using the Service at any time, with or without notice to the Service Provider.

37. Force majeure events

37.1 As between you and the Service Provider, you and any Shopper, or you and any Retailer, no party will be liable to any other party for any delay or failure in performing its obligations, excluding payment obligations, in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake, industrial action, riots or war.

38. Governing law and jurisdiction

38.1 These Terms and Conditions, the relationship between you and the Service Provider, any Retailer or any Shopper, and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Service will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
38.2 In the event of any dispute arising between you and the Service Provider, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
38.3 Nothing in this clause 40 or the Terms and Conditions limits your right to approach any forum, tribunal or court of competent jurisdiction in terms of the CPA.

39. Notices

39.1 You hereby select the email address and any delivery address specified within your orders as your legal address (domicilium citandi et executandi), but you may change it by giving the Service Provider not less than 5 (five) business days’ notice in writing.
39.2 The Service Provider hereby selects 286 Molopo Avenue, Sinoville, Pretoria - 0129, with a copy sent to info@parknbuy.online which copy must be sent in order for notice to be validly given, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (domicilium citandi et executandi). The Service Provider may change this address from time to time by updating these Terms and Conditions.
39.3 Notices must be sent in writing either by hand, prepaid registered post or email and must be in English. Unless the contrary is proved, all notices sent:

39.3.1 by hand will be deemed to have been received on the date of delivery;
39.3.2 by prepaid registered post, will be deemed to have been received 10 (ten) business days after the date of posting; and
39.3.3 by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.

40. Information For the purposes of the Electronic Communications and Transactions Act 2002, the information of the Service Provider is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Platform:

40.1 Full name: Warpspeed Technologies (Pty) Ltd trading as PARKNBUY SERVICES, a private company registered in South Africa with registration number 2019 / 033654 / 07.
40.2 Main business: food, groceries, liquor, pharmaceuticals and other Items ordering and delivery service
40.3 Physical address for receipt of legal service (also postal and street address): 286 Molopo Avenue, Sinoville, Pretoria - 0129 (marked for attention: CEO and Legal), with a copy to info@parknbuy.online, which copy must be given in order for notice to be validly given
40.4 Office bearers: Janlo van den Heever
40.5 Phone number: +27 64 462 2693
40.6 Official email address: info@parknbuy.online. The information of Retailers is available in the relevant Item listing and/or via the customer support centre contactable at +27 64 462 2693.

41. General

41.1 The Service Provider may, at any time and for any reason and without prior written notice, in its sole discretion, suspend or terminate the operation of the Service, or the User’s right to use the Service, or any of its contents, subject to processing any of your unprocessed orders prior to such time.
41.2 Your rights and obligations in terms of these Terms and Conditions may not be ceded, assigned or otherwise transferred to any third party.
41.3 Any failure on the part of you or the Service Provider to enforce any right in terms hereof shall not constitute a waiver of that right.
41.4 No indulgence, extension of time, relaxation or latitude which either you or the Service Provider (the “grantor”) may show, grant or allow to the other of them (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
41.5 If any term or condition contained herein is declared illegal, invalid, prohibited or unenforceable, then any such term or condition shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining terms and conditions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable term or condition was not a part hereof.
41.6 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
41.7 These Terms and Conditions contain the whole agreement between you and the Service Provider and no other warranty or undertaking is valid, unless contained in this Agreement.

42. Changes To These Terms and Conditions

42.1 We may update our Terms and Conditions from time to time. We will notify you of any changes by posting the new Terms and Conditions on the Platform.
42.2 We will let you know via email, text message and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of these Terms and Conditions.
42.3 You are advised to review these Terms and Conditions periodically for any changes. Changes to these Terms and Conditions are effective when they are posted on the Platform.

43. Contact Us

43.1 If you have any questions or concerns about these Terms and Conditions, please contact us:

43.1.1 By email: info@parknbuy.online
43.1.2 Over WhatsApp: +27 64 462 269343.1.3